PONNUSWAMY Vs. ANGUSWAMY

JUDGEMENT

(1.) The Civil Revision Petitioner herein is the applicant in I.A.No.508 of 2006 and also the applicant in I.A.No.602 of 2005 and the plaintiff in the suit in O.S.No.1974 of 2004, on the file of the I Additional District Munsif Court, Coimbatore. The revision petitioner has filed an Interlocutory Application in I.A.No.508 of 2006 praying to extend the time granted to pay the cost to the respondent in I.A.No.602 of 2005 passed on 13.12.2005 under Section 158 r/w Section 151 of Civil Procedure Code.

(2.) The short facts of the case are as follows: The revision petitioner and three others have filed the suit in O.S.No.1974 of 2004 against the respondents/defendants stating that the plaintiffs have inherited the property from their father and that they have been enjoying the said property, continuously, from the year 1952. The respondents/defendants 1 to 3 are trying to alienate the property to the fourth respondent/fourth defendant. Further, the defendants have attempted to interfere with the revision petitioners/plaintiffs possession of the suit property. The said case was posted on 11.04.2005 and subsequently on various other dates, for hearing. On 13.09.2004, the above suit was dismissed for default.

(3.) Aggreived by the said dismissal order passed by the learned I Additional District Munsif Court, Coimbatore, the revision petitioner/plaintiff has filed the restoration petition along with the condonation delay petition to restore the suit on the file of the I Additional District Munsif Court, Coimbatore in I.A.No.602 of 2005 and to condone the delay of 147 days in filing the restoration petition in O.S.No.1970 of 2004. The same was allowed on 13.12.2005 on condition that the revision petitioner/plaintiff should pay a cost of Rs.1,000/- to the respondents on or before 04.01.2006, failing which the petition would stand dismissed. The case came for hearing once again on 04.01.2006. On that day, the revision petitioner/plaintiff did not comply with the conditional order and hence the learned District Munsif Judge dismissed the condone delay petition in I.A.No.602 of 2005, dated 04.01.2006. Aggrieved by the said decree and decreetal order, the revision petitioner/plaintiff filed an Interlocutory Application in I.A.No.508 of 2006 to extend the time granted to pay the cost of Rs.1,000/- to the respondents in I.A.No.602 of 2005 in O.S.No.1974 of 2004, dated 13.12.2005. Supporting to this petition, the revision petitioner filed an affidavit stating that he had not been well and that he had been advised to take complete rest for the period from 08.12.2005 to 08.01.2005 for his back pain. Under the circumstances, he was unable to comply with the conditional order and he has prayed for extension of time to comply with the conditional order passed in I.A.No.602 of 2005, dated 13.12.2005.